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UOGETlfFJli  ^ITE  THE  ^G^CS^TUTION  OF  THE 


.State  Rights  Association  of  Harris  County, 


AND 


Mn.  M^vtnu 


Upon  (he  Rights  and  Sovereignty  of  the  States* 


BY  M.  J.  WELLBORN,  ESQ.  .. 


COLUMBIA,  GA. 

Printed  for  the  Harris  County  Association 
AT  THE  ENQUIRER  OFFICE; 


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Q^READER— -This  Pginphlet  is  presented 
to  you,  not  boastingly,  but  in  a spirit  of  sincere 
kindness,  as  containing  our  principles.  We  have 
been  at  the  expense  of  publishing  it— -all  we  ask 
of  you,  is  to  read  it  with  unprejudiced  candour  ; 
and  if  our  principles  are  correct,  adopt  them — if 
they  are  false,  controvert  them,  and  show  us  the 
truth,  and  we  will  embrace  it.  KeCi  Scc,ry> 


STATE  RIGHTS  MEETING, 


Agreeably  to  a recommendation  of  the  Central  Committee  .of  the  Georgia 
State  Rights  Association,  a number'  of  the  citizens  of  Harris  county  assem- 
bled at  the  Court  House  in  Hamilton,  on  the  17th  day  of  May,  1834,  and 
resolved  to  organize  a State  Rights  Association  in  said  county,  on  the  11th 
of  July.  John  J.  Harper,.  Esq.  being  called  to  the  Chair,  and  Maj.  M.  Ro- 
bertson appointed  Secretary,  Marshal  J.  Welhorn,  (Chairman  of  a commit- 
tee' appointed  for  that  purpose)  submitted  the  following  Preamble,  Resolutions 
and  Constitution;  which  were  adopted. 

PREAMBLE  AND  RESOLUTIONS: 

It  has  been  justly  remarked,  that  man  is ’constituted  a social  being.  He  is 
by  the  force  of'  liis  nature,  unfit  for  solitude.  All  the  qualities  and  affections 
which  characterise  him  look  to  associations  : Yet,  such  arerthe  diversity  of 
human  opinions,  such  the  discrepancy  of  individual  dispositions,  and  such  the 
variety  of  particular  interests,  that  Government  must  necessarily  result  from 
the  formation  of  civil  society,  as  essential  to  its  security  and  the  protection  of 
its  good  order.  Laws  are  based  upon  the  weaknesses  and  infirmities  of  our  na- 
ture, and  are  adopted  for  their  restraint  and  regulation.  The  happiest  condi- 
tion of  man  then,  is  to  be  found  in  a state  of  organized  society,  with  written 
laws  for  his  government,  wisely  accommodated  to  his  nature,  and  well  admi- 
nistered. Various  forms  of  government  have  been  tried  and  still  exist,  from 
the  most  absolute  and  unmixed  monarchies  to  the  mild  democracy.  All  have- 
had  their  advocate^,  and  each  has  been  supposed  to  possess  some  excellency 
peculiar  to  itself.  The  unity  of  purpose,  the  strength  and  dispatch  of  despo- 
tisms has  been  praised — the  wisdom,  dignity  and  discretion  of  aristocracies 
has  been  admired  too  in  turn.  They  are  both  more  or  less  irrespective  of  the 
popular  will,  irresponsible  to  its  voice,  proceed  upon  man’s  supposed  inca- 
pability of  self  government,  and  regard  him  as  qualified  only  for  servitude. 

They  are  the  peculiar  and  appropriate  growth  of  the  darker  ages  of  the 
world.  The  mild  and  gentle  form  of  Republics  is  based  upon  broader  and 
more  liberal  views  of  man’s  nature  and  moral  capability.  They  attribute  to 
him  a discriminating  sense  of  self  interest  as  involved  in  a wholesome  sys- 
tem of  Government,  and  moral  courage  to  achieve  that  interest — under  its 
theory  withal,  the  sovereign  power  resides  in  the  body  of  the  people,  in  contra-  . 
distinction  to  those  more  despotic,  which  attribute  sovereig\i-ty,to  -the  govern- 
ment itself.  After  this  brief  analysis  of  the  "nature  of  Government  and  their 
orders,  it  need  not  be  here  repeated  that  the  Republican  form  has  recommend- 
ed itself  to  the  enlightened  understanding  of  the  American  people,  as  the  * 
quo -best  suited-' to  the  spirit  of  our  people  and  most  conducive  to  our  happj- 


4 


ftess.  But  the  business  of  Government  cannot  be  carried  on  to  any  available 
extent  by  the  body  of  the  people  in  their  aggregate  character.  To  this  end 
Agents  are  appointed  by  the  people  and  a commission  given, them.  The  pow- 
ers of  Government  are  thus  distributed  among  different  departments  and  de- 
posited in  the  h'ands  of  various  Agents,  each  having  limited  and  defined  duties 
to  perform,  an  appropriate  sphere  of  its  own  to  move  in,  and  all  amenable  to 
the  people,  the  source  and  origin  of  all  political  power.  If  the  commission  be 
faithfully  executed,  the  work  is  valid— if  the  Agent  transcends  his  authority, 
the  principal  is  not  bound.  The  obligation  of  all  laws  however  is  an  interfer- 
ence with  the  natural  freedom  of  individuals,  and  is  not  meritorious,  nor  indeed 
excusable,  except  so  far  as  they  may  be  the  means  of  augmenting  the  general 
amount  of  happiness.  But  furthermore,  it  is  essential  to  salutary  legislation, 
that  the  laws  passed  be  uniform  in  their  operation,  equally  obligatory  upon  all, 
and  promotive  of  the  interests  of  the  whole  society,  otherwise  particular  hard- 
ships are  inflicted,  and  the  objects  of  good  Government  correspondingly  de- 
feated. Each  individual,  all  the  interests  and  minutest  affairs  of  society,  may 
be  brought  within  the  range  of  Governmental  regard. 

Some  limitation  to  the  territorial  range  then,  of  Governmental  action,  where 
an  uniform  code  of  laws  is  to  operate  throughout,  may  be  valuable  in  preserv- 
ing a proper  degree  of  intimacy  and  dependence  between  the  citizen  and 
his  representative,  a familiar  acquaintance  with  the  matter  of  Government 
upon  the  part  of  those  who  may  be  appointed  to  administer  it,  and  a desira- 
ble similarity  of  interest,  so  as  to  facilitate  and  make  practicable  the  equity, 
equality  and  yet  uniformity  of  the  laws.  The  chartered  limits  of  the  several 
States  of  our  confederacy,  are  believed  to  be  convenient  territorial  limitations 
in  view  of  the  objects  of  salutary  legislation.  Ail  to  them  separately,  we  may 
add,  has  been  committed  the  high  and  exalted  4^ty  of  carrying  on  the  busi- 
ness of  the  free  people,  embraced  within  their  respective  limits,  in  reference 
to  the  great  mass  of  subjects,  and  particularly  those  of  a domestic  nature  and 
such  as  chiefly  concern  their  happiness. 

Nevertheless,  for  some  purposes  of  a general  and  external  character,  looking 
to  our  relations  with,  foreign  powers,  the  union  of  these  States  upon  the  plan 
of  a confederacy,  is  of  incalculable  value,  as  a means  of  securing  us  consi 
deration  and  respectability  abroad,  increased  strength  and  an  advantageous 
arrangement  of  our  commercial  and  other  foreign  relations.  With  this  view 
and  for  these  purposes  was  the  union  of  the  several  States  of  the  American 
confederacy  formed,  The  General  Government  then  is  the  medium  of  As- 
sociation adopted  b}7  the  States.  An  agency  clothed  by  them  with  limited 
powers  and  refering  to  few  and  simple  objects  of  exterior  concern.  Regard- 
ed and  administered  in  its  true  character,  it  is  a simple,  plain  and  efficacious 
machine.  Like  other  governments  of  limited  powers  it  is  bound  by  the  terms 
of  its  Grant.  Its  acts  when  valid  are  valid  for  no  other  reason  than  because 
they  are  done  under,  by  virtue  of,  and  in  conformity  to  the  Grants  of  power  to 
which  it  owes  its  being.  When  irrespective  of  these  grants  of  power  they 
are  void.  Mr.  Jefferson  says,  44  That  the  several  States  composing  the  Uni- 
ted States  of  America,  are  not  united  on  the  principle  of  unlimited  sub?nis- 
sion  to  their  General  Government  f but  that  by  compact,  under  the  style  and 
title  of  a constitution  for  the  United  States  and  of  amendments  thereto,  they 
cotistituted  a General  Onvernmont  for  special  purposes,  delegated  to  that  go- 
vernment certain  definite  p r - . ’ sorvmg  each  State  to  itself,  the  residuary 
"mass  of  right  to  their  own  self  government,  and  that  whensoever  the  General 
Government  assumes  undelegated  powers,  its  acts  arc.  unauthoritative.  voief 


.and  of  no  force  ; that  to  tins  compact  each  State  acceded  as  a State,  and 'is 
an  integral  party— that  this  Government,  created  by  t*hrs  compact,  was  not 
made  the  exclusive  or  final  Judge  of  the  extent  of  the  powers  delegated  to  it- 
self; since  th  it  would  have  made  its  discretion,  and  not  the  constitution,  the 
measure  of  its  powers  ; but  that,  as  in  all  other  cases  of  compact,  among  par- 
ties having  no  common  Judge,  each  party  has  an  equal  right  to  judge  for  it- 
self, as  well  of  infractions  as  of  the  mode  and  measure  of  redress.”  In  tho 
convention  that  framed  the  present  Constitution  two  parties  were  conspicu- 
ous. One  of  them  was  in  favor  of  enlarged  powers  and  a still  stronger  form 
of  the  General  Government.  They  advocated  the  policy  of  obliterating  the 
State  boundaries,  so  far  as  those  boundaries  serve  to  ascertain  and  represent 
the  existence  of  the  several  States  as  distinct  political  societies  t the  making  of 
them  subordinate  to  the  General  Government  and  the  conversion  of  the  old 
Articles  of  Confederation,  which  they  had  been  appointed  to  revise  and  a- 
mend,  into  a complete  scheme  of  national  Government.  In  other  words,  the- 
destruction  of  the  confederacy  of  States,  and  the  erection  upon  its  ruins  of  a 
consolidated  central  Government.  They  were  the  Federal  Party.  The  oth- 
er party  were  in  favor  of  confining  themselves  to  the  object  for  which  they 
had  convened — that  was,  to  revise  and  amend  the  articles  of  confederation 
which  was  the  ligature  that  had  bound  the  States  together  up  to  that  period. 
And  although  the  amendment  made  was,  among  other  things,  the  formation  of 
a more  intimate  union,  yet  this  was  effected  not  by  the  destruction  of  the 
States,  or  by  any  alteration  that  was  made  in  thecharacter  of  the  contracting 
parties  to  the  Constitution,  but  by  increasing  the  points  of  their  contract.  And 
to  this  point  we  have  referred  among  other  things  to  the  authority  of  Mr.  Jef- 
ferson, who  says  as  above  quoted,  “ that  the  Constitution  is  a compact and 
“that  to  this  compact  each  State  acceded  as  a State,  as  an  integral  party.” 
They  were  the  republican  party,  the  friends  of  State  Rights,  and  in  that  they 
triumphed. 

The  General  Government  then,  or  to  speak  more  definitely,  the  Constitu- 
tion of  the  United  States,  is  a compact  between  the  several  States,  and  to 
that  compact  each  State  acceded  as  a State  and  as  an  integral  Party.  Hence, 
we  have  not  a national  Government,  but  a confederacy  of  States  ; and  in 
lieu  of  an  amalgamation  of  all  tho  people  of  all  the  States  into  one  consolidated 
and  central  Government,  we  have  the  Federal  Union.  The  natural  procli- 
vity of  the  new  Constitution,  or  rather  the  Federal  Government,  to  consolida- 
tion, was  predicted  by  many  of  the  ablest  expounders  and  defenders  of  tlio 
rights  of  the  States  and  of  the  liberties  of  the  people,  (and  among  others, 
were  Samuel  Adams,  Jefferson  and  Henry,)  at  an  early  period  of  its  history. 
And  we  have  seen  the  justness  of  their  apprehensions,  amply  illustrated  by  the 
career  of  its  administration — certain  claims  of  a general  character,  contained 
in  our  Constitution,  which  we  have  always  conceived  are  to  be  construed  in 
reference  to  the  specific  grants  of  power,  have  been  seized  by  the  Federal  par- 
ty, claimed  as  confering  upon  the  Federal  legislature  powers,  limited  not  by' 
the  specific  grants  of  power,  contained  in  the  Constitution,  but  their  own  dis- 
cretion as  to  what  does,  or  does  not  constitute  the  “ general  welfare”  of  thn 
country.  .Furthermore,  by  contending  for  the  subordination  of  the  States  to 
the  Federal  Government,  and  their  obligation  to  .obey  all  acts  of  the  Federal 
Government,  whether  made  in  pursuance,  of  the  Constitution  or  not,  by  depri- 
ving the  States  of  the  right  to  judge  as  parties  to  the  compact,  whether  it  ha& 
been  pursued  or  violated,  they  have  effectually  rendered  it  in  practice  what 
they  failed  to  make  it  in  theorv,  a government  without  limitations  of  power.  It 


we  could  suppose  limitations  upon  the  powers  of  the  General  Government, 
yet  without  some  right  of  judging  whether  these  limitations  have  beenobserv- 
ed  or  exceeded,  and  when  transcended,  some  checking  power  in  the  co-or- 
dinate departments,  to  wit : the  State  Governments,  it  is  easily  perceived  that 
all  idea  of  a government  in  practice  of  limited  powers  is  simple  mockery. — 
The  Alien  and  Sedition  Laws,  the  various  attempts  by  the  Federal  Judiciary 
tb  reign  up  the  sovereign  members  of  this  confederacy  before  its  bar,  and  to 
construe  and  restrain  their  action  upon  the  subjects  embraced  within  their 
own  territory  and  chartered  limits — the  restraint  of  trade  and  the  perversion 
of  its  proceeds  from  the  pockets  of  its  producers  and  rightful  owners,  into  oth- 
er, and  favored  sections  of  country — the  dissipation  of  the  public  funds  in  a 
partial  system  of  internal  improvements,  and  all  this  without  grant  of  power, 
but  by  force  of  latitudinous  construction,  are  living  and  strong  illustrations  of 
the  monopolizing  tendency  of  the  Federal  Government,  and  of  its  propen- 
sity to  assume  improper  powers.  Withal  in  the  latest  expositions  we  have  of 
its  nature  and  character  by  those  now  in  its  administration,  we  have  it  dis- 
tinctly placed  upon  the  basis  always  desired  by  the  Federal  party.  In  deny- 
ing that  the  States  ever  had  a separate  existence — that  we  'Sre  parts  of  the 
same  nation;  that  the  representatives  of  the  several  States  in  the  Federal  Le- 
gislature are  not  responsible  to  the  several  States;  that  the  States  are  sub- 
ordinate to  the  General  Government,  and  are  bound  by  its  acts  without  refer- 
ence to  limitations  upon  the  powers  of  that  Government — it  is  to  all  practi- 
cal purposes  a government,  the  only  limitation  to  which  is  the  discretion  of 
those  who  administer  it. 

1st.  Resolved  therefore,  That  entertaining  these  views  and  opinions  of  the 
nature  of  our  Government,  and  the  relations  occupied  by  each  of  its  mem- 
bers to  the  other,  we  will  as  a State  Rights  Association  for  the  county  of  Har- 
ris, co-operate  with  similar  Associations,  within  our  own  State  and  elsewhere, 
to  restore  tlje  Government  to  its  proper  orbit,  and  restrain  all  attempts  to 
transcend  the  limitations  prescribed  to  it  in  the  constitution. 

2d.  Resolved , That  we  adopt  as  our  faith,  and  recognise  as  the  basis  of 
the  Federal  Government,  the  Kentucky  and  Virginia  Resolutions  of  1798 
and  ’99,  as  set  forth  and  understood  by  Mr.  Jefferson,  and  expounded  in  the 
report  that  accompanied  them. 

3d.  Resolved , That  the  course  pursued  by  the  President  and  a majority  in 
Congress,  since  the  memorable  10th  of  December  1832,  requires  of  the 
friends  of  State  Rights,  an  increased  zeal  and  renewed  exertions,  to  protect 
and  preserve  them. 


CONSTITUTION : 

Whereas,  the  State  Rights  Party  of  Georgia  have  ever  been  tenacious  of. 
our  Union,  upon  the  terms  that  brought  it  into  existence,  and  have  ever  es-^ 
teemed  tb,e  preservation  of  the  distinction  between  our  confederacy  of  States, 
and  a consolidated  Government,  without  limitation  of  powers,  as  of  vital  im- 
portance to  the  purity  of  our  Government,  and  the  safe  and  faithful  adminis- 
tration of  the  few  and  simple  objects  confided  to  its  care.  And  whereas,  they, 
believe  that  the  Federal  Government  has  at  various  times  betrayed  a tendency 
to -aggress  upon  nnj  pnvers  properly  belonging  to  the  State  Go- 

vernments. And  whereas,  they  have  ever  been  the  uncompromising  opposers 
op  the  innovations  that  have  been  attempted  by  any,  and  all  of  the  depart- - 
flieut,$  of  the  Federal  Government ; to  the,  end  .therefore,  that,  they  .more  ef- 


4 


dectually  discharge  tins  exalted  duty  of  patriotism,  and  withal  bring  about  that 
•harmony  of  opinion  and  concert  of  action  among  those  who  are  the  advo- 
cates of  the  rights  of  the  States,  which  is  indispensable  to  their  success,  we  do 
agree  to  establish  a State  Rights  Association  for  the  county  of  Harris,  auxilia- 
ry to  the  lately  established  State  Rights  Association  of  Georgia,  and  to  adopt 
the  following  constitution  for  its  Government: 

Article  1.  The  officers  of  the  State  Rights  Association  for  the  county 
of  Harris,  shall  be  a President,  three  Vice-Presidents,  a Recording  Secreta- 
ry and  a Corresponding  Secretary  and  Treasurer — to  be  elected  annually  on 
the  second  Friday  in  July,. at  a regular  stated  meeting  thereof,  by  a majority 
of  the  members  present,  being  a majority  of  the  Association.  The  officers 
.elect  shall  continue  in  office  until  their  successors  are  chosen. 

Article  2.  The  President  shall  preside  at  all  regular  meetings,  shall  fill 
all  vacancies  by  appointments,  to  continue  until  the  next  regular  meeting-— 
shall  appoint  all  committees,  unless  otherwise  provided.  In  the  absence  of 
the  President  his  duties  shall  devolve  upon  a Vice-President. 

Article  3.  The  Recording  Secretary  shall  keep  a book,  in  which  he  shall 
register  the  proceedings  of  the  Association. 

Article  4.  The  corresponding  Secretary  shall  receive  and  answer  all  com- 
munications addressed  to  the  Association,  and  shall  preserve  a file  for  the  in- 
spection of  the  members  of  the  Association,  of  all  communications  received, 
and  answers  returned. 

Article  5.  The  Treasurer  shall  have  a book  in  which  he  shall  keep  an  ac- 
count of  the  funds  of  the  society,  and  defray  the  expenses  of  the  Associa- 
tion as  they  shall  direct. 

Article  6.  The  first  meeting  of  the  Society  shall  be  on  the  second  Friday 
in  July — the  next,  on  the  second  Friday  in  September — and  regular  meetings 
of  the  Association  shall  be  held  on  the  second  Friday  in  every  third  month 
thereafter.  Adjourned  meetings  shall  be  held  at  the  discretion  of  the  Associ- 
ation. Special  meetings  may  be  called  by  the  President,  upon  the  written  re- 
quest ot  ten  members. 

Article  7.  By-laws  for  the  government  of  the  Association,  and  such  other 
measures  as  may  be  esteemed  proper  by  the  Association,  and  not  herein  speci- 
fied, may  be  adopted  at  regular  meetings. 

Article  8.  Amendments  to  the  Constitution  can  only  be  proposed  at  a reg- 
ular meeting — and  can  only  be  adopted  by  a vote  of  two  thirds  of  the  mem- 
bers present  at  the  next  regular  meeting. 

In  support  of  these  Resolutions,  Mr.  Welborn  delivered  the  following 

ADDRESS : 

Mr.  Chairman. — I cannot  in  justice  to  my  own  feelings  and  what  I con- 
ceive to  be  the  claims  of  this  occasion,  submit  the  Constitution,  Preamble 
and  Resolutions  of  our  contemplated  Association,  to  the  sense  of  this  meeting, 
without  a few  remarks  as  to  the  motives  which  have  convened  us  together,  and 
the  object  of  our  mutual  consultation  here,  and  at  this  time.  And  strange  as 
it  may  seem  to  one,  even  the  slightest  observer  of  the  very  respectable,  peace- 
ful and  imposing  character  of  this  assemblage,  it  may  not  be  altogether  unim- 
portant to  us,  in  view  of  the  posture  of  public  opinion  upon  die  subject  and 
the  nature  of  the  events  that  have  made  up  the  history  of  bur  Government 
for  the  last  few  years, -to  jpause,  reflect  and  enquire,  why,  and  lor  what  are  wc 
hem? 


* 

1 hear  it  talked  of  familiarly  in  the  private  circle's  of  society  ; 1 see  if- 
blazoned  torth  in  some  of  the  public  prints  of  the  day,  that  a portion  of  the 
American  people,,  tirqjd  of  the  principles  of  virtuous  liberty,  arid  drunk  with 
the  spirit  of  political  licentiousness,  are  now  madly  bent  upon  the  disorganiza- 
tion oi  society  and  the  destruction  of  the  fair  form  of  our  free  Government. 
Within  that  description  of  persons  too,  are  embraced  alike  perhaps  a majori- 
ty of  those  whom  I now  see  around  me,  and  him  who  has  the  honor  to  ad- 
dress you.  Do  not  understand  me,  Mr.  Chairman,  as  desiring  to  make  an  of- 
fensive appeal  to  the  party  spirit  which  has  so  long  and  so  unhappily  divided 
and  distracted  our  own  State,  or  to  provoke  a sensation  of  an  unpleasant 
character  in  any  quarter  whatever,  but  simply  in  defence  of  our  motives,  to 
repel  an  insult  so  often,  so  falsely  and  so  foully  offered  us.  A desire,  I re- 
peat it,  upon  the  part  of  those  of  our  fellow-citizens  whom  a sense  of  duty  and 
of  devotion  to  our  country’s  cause  has  this  day  collected  together,  and  whose 
intelligence  and  patriotism  I am  proucl  to  honor,  to  .impair  the  spirit  of  free- 
dom and  to  destroy  its  forms  ? and  for  what  ? And  are  we  indeed  but  a 
lawless  mob  of  factious  and  disappointed  demagogues,  who,  defeated  of  tjie 
objects  of  an  unworthy  ambition 'by  the  successful  claims  of  Superior  merit^ 
have  now  turned  the  weapons  of  oqr  warfare  against  the  bosom  of  society, 
and  are  seeking  to  unsettle  the  foundations  oLour  political  institutions,  that  wo 
may  profit  perchance,  by  the  confusion  which  we  may  create?  Are  we  but 
the  heartless  hypocrites  that  forever  haunt  the  door  of  the  public  Treasury; 
with  the  perpetual  cry  of,  “ an  enemy  in  the  camp,”  that  we  may  withal  in 
the  berth  of  some  dislodged  incumbent  fold  our  filthy  coils  and  nestle  in  the 
warm  bed  of  the  people’s  money  ? Or  do  I rather  behold  on  every  side 
the  independent  tfbd  the  virtuous  free.  Sir,  without  an  improper  show  of  va- 
nity upon  this  occasion,  we  might  appeal  to  the  history  of  the  past,  as  well  as 
to  the  character  of  this  collection  of  our  fellow-citizens,  to  vindicate  our  mo- 
tives^and  conduct  against  so  grave  a charge.  We  ask  for  the  parts  acted  in 
the  times  of  our  early  trial  by  our  Fathers,  from  whom  we  claim  an  honora- 
ble if  not  an  exalted  descent,  and  by  many  in  person  of  those  whose  gray 
heads  have  fallen  under  the  severe  rebuke  of  rebellion  against  the  laws  of  the- 
country,  and  of  treason  to  her  cause.  Were  they,  Mr.  Chairman,  of  those 
who  in  that  memorable  contention  for  liberty  and  the  rights  of  the  people 
which  determined  our  independence,  meanly  crawled  to  the  foot  of  the 
Tiirone,  gazed  in  unmeaning  adoration  upon  the  empty  splendors  of  the 
crown,  and  in  the  servile  spirit  of  political  idolatry  cried  out  “ long  live  the 
Kingf  or  were  they  of  those  who  in  the  midst  of  doubt  arid  of  dismay,  man- 
fully spoke  out  the  misrule  of  Royalty,  and  boldly  wrote  the  doctrines  of  Li- 
berty upon  the  breastplate  of  the  warrior?  Were  they  of  those  who,  when 
the  trained  soldiery  of  an  infatuated  Foreign  Potentate  were  poured  upon  the 
peaceful  plains  of  our  forefathers,  basely  betra}red  the  allegiance  due  to  their 
own  soil,  rushed  into  the  ranks  of  the  proud  oppressors,  and  fought  against 
freedom  and  their  own  firesides  ? Or  were  they  rather  of  those,  who,  when  all 
'Seemed  fear  ul  and  forbidding,  and  the  darkness  of  despotism  hung  in  heavy 
folds  ove£  the  hopes  of  patriotism,  still  tugged  at  the  oar  of  freedom,  and 
fought  their  way  through  the  storm  and  the  tempest  into  the  sunshine  of  liber- 
ty and  independence.  Let  the  history  of  the  times  give  the  answer.  Still 
later  scenes  too,  that  have  marked  the  progress  of  our  Government,  equally 
prove  the.devotion  of  the  State  Rights  man  to  thq  great  and  essential  princi- 
ples of  liberty/  But  fellow-citizens,  we  are  deceived — misled.  We  are - 
then  traitors  at  heart,  but  deluded  dupes.  This  is  charitable — we  sb^Md  be 


<> 

thankful  for  riie  salvation  of  our  souls  at  any  sacrifice  of  our  dienit}r,  howev- 
er disgraceful,  or  at  any  expense  of  our  understanding;  however  humiliating. 
Any  thing,  Mr.  Chairman,  sooner  than  the  blood  of  rebellion  or  the  guilt  of 
treason. 

For  the  opinions,  motives,  and  feelings  of  that  large  and  liberal  portion  of 
©ur  political  opponents  who,  entertaining  views  different*  from  our  own 
on  some  subjects,  still  give  us  credit  for  equal  correctness  of  intentions  with 
themselves,  I entertain  the  highest  regard:  and  upon  this  occasion  I am  par- 
ticularly ambitious  of  giving  offence  to  no  one.  And  yet  I must  be  permitted 
to- remark,  that  I have  heard  the  charge  of  ignorance  and  delusion  which, 
when  applied  to  the  State  Rights  Party  of  Georgia  and  elsewhere,  came  from 
the  mouths  of  some  from  w hom  I have  thought  it  should  not  come. 

But,  Mr.  Chairman,  the  object,  the  end  and  aim  of  our  association.  It  is 
then  sir,  if  J^am  so  fortunate  as  to  understand  it,  to  inform  ourselves  and  en- 
lighten the  public  mind  in  reference  to  certain  matters  of  great  and  growing 
concern  to  us  ail— -To  throw  sir,  the  light  of  political  intelligence  over  the 
dand — to  provoke  enquiry — to  arouse  the  people  to  an  investigation  of  the 
true  character  of  our  Government — toostudy.  the  history  of  its  administration — 
to  infuse  into  each  heart  an  increased,  and  what  is  better,  a discriminating 
zeal  for  our  country’s  cause,  and  a patriotic  devotion  to  her  honor.  It  is  sir, 
in  short,  to  warn  the  people  against  the  dangers  and  disadvantages  of  a great 
Central  Government,  uncontrolled,  and  from  its  nature  uncontrollable,  and  by 
contrasting  the  JNational  system  of  Government  with  our  Federal  Republic,  to 
enforce  upon  them  a livelier  sense  of  the  importance  of  preserving  and  pro- 
tecting the  rights  of  the  States,  which  are  indeed  but  another  name  for  the 
Rights  of  the  people.  And  finally,  Mr.  Chairman,  by  embodying  the  ener- 
gies of  the  advocates  of  those  rights,  to  give  increased  effect  to  their'  exertions* 
•and  make  them  the  means  of  extended  usefulness.  And  how  sir,  do  we  pro- 
pose to-  accomplish  this  exalted  duty  of  patriotism  'l  Is  it  by  withdrawing 
the  supplies  of  public  information,  to  diminish  the  amount  of  general  hitelligence? 
Is  it  by  putting  out  the  lights  of  the  Constitution,  to  involve  ourselves  in  the 
darkness  of  error,  and  by  combinations  against  the  law  s,  to  draw  dow  n ufou 
©ur  heads  the  guilt  of  crime  ? Sir,  as  has  been  just  remarked,  the  very  reverse 
of  all  this  is  true.  Recent  events,  Mr.  Chairman,  in  the  history  of  our  Gov? 
ernment,  have  brought  afresh  to  the  recollection  of  the  State  Rights  man,  the 
importance  of  those  principles  that  have  ever  been  his  boast  and  pride,  and 
that  have  hitherto  constituted  his  creed.  We  are  indeed  warned  again,  that 
“ the  price  of  Liberty  is  eternal  vigilance.” 

A recurrence  to  an  early  period  of  the  government,  and  a brief  review  ofsome 
©fits  leading  events  may  not  be  uninstructive  to  us  here.  The  jealousy  and 
distrust  of  our  present  constitution,  or  rather  of  the  Government^  created  by  it, 
exhibited  by  many  of  the  most  zealous  and  enlightened  friends  of  Freedom 
and  of  Free  Government,  while  the  question  of  its  adoption  and  ratification  by 
the  States  was  under  discussion,  are  matters  of  plain  history.  . Among  them 
not  the  least  conspicuous  were  that  illustrious  Apostle  of  liberal  principles, 
Jefferson,  who  drew  the  Declaration  of  Independence,  and  that  lion-hearted 
lover  of  liberty,  Patrick  Henry,  who  first  advocated  that  bold  measure.  The 
natural  proclivity  of  the  Federal  Government  to  consolidation  was  thus  early 
perceived  and  pointed  out  by  those  who,  as  they  had  been  the  first  to  strike  for 
liberty,  were  also  the  most  w atchful  to  preserve  it.  But  the  vriice  thai  then 
proclaimed  the  dangers  that  lie  in  our  path  is  now  lost  upon  'die  corrupted  de- 
fendants ©f  office  and  the  vile  vassals  of  power.  In  the  short  space  of  ten 


16 


years,  however,  the  apprehensions  that  had  been  uttered  in  anxiety  were  hut 
too  truly  verified  ; and  the  Federal  Party,  always  clanjorous  for  power,  but 
who  had  been  defeated  in  the  Federal  Convention  that  framed  the  Constitu- 
tion, were  found  to  have  risen  like  the  phoenix  from  its  ashes,  with  increased 
strength.’  Then  come  the  Alien  and  Sedition  laws,  which  have  been  charac- 
terized by  every  variety  of  abuse  which  the  popular  indignation  has  been  able 
to  suggestand  apply  to  them,  with  one  offensive  measure  after  another,  until 
the  intrepid  &.  fearless  founder  of  our  faith  stepped  forth  upon  the  broad  basis  of 
truth,  the  bold  expounder  of  the  just  character  of  our  constitution,  the  manly 
o .poser  of  the  monopolizing  march  of  the  Federal  Government,  and  the  un- 
fh  idling  defender  of  the  rights  of  the  States  and  of  the  people.*  Iiis  able  man- 
ifesto of  the'  true  theory  of  our  Government  will  not  be  misunderstood  for  any 
tiling  else  than  the  celebrated  Kentucky  and  Virginia  Resolutions  of  1798 and 
1799,  which  have  since  that  interesting  crisis  of  our  affairs  stood  the  confessed 
creed  and  rallying  point  of  the  Republican  Party  of  the  country.  But  how 
M . Chairman,  did  this  ab.e  and  orthodox  expression  of  the  rights  of  the 
States  and  of  their  relation  to  each  other  under  the  new  compact  of  their  Un- 
ion, strike  upon  the  proud  incumbents  of  office  and  the  vile  sycophants  that 
forever  revolve  around  the  centre  of  power  ? The  quaint  cry  of  disunion  ! re- 
bellion ! treason ! fall  upon  the  startled  ear,  waft  upon  every  breeze,  and 
swell  the  air.  Thd  people  however  take  hold  of  the  frightful  and  extravagant 
dogmas  of  the  old  whig,  look  cautiously  into  their  true  character  and  tendency, 
and  comparing  the  manly  proportions  of  Liberty  with  the  antiquated  forms  of 
F 'oralis  a,  turn  upon  the  usurpers  of  the  people’s  rights,  lash  out  the  money 
c tangers  from  tne  temple,  of  liberty  , and  proudly  place  him  who  had  been  dis- 
unionist — rebel — traitor — at  the  head  of  that  Government  which  he  had  res- 
cued and  restored.  True,  some  flashes  of  fire  from  the  expiring  lamp  of 
Federalism  flitted  across  the  path  of  the  old  Patriot,  and  some  rude  scenes 
chequer  the  career  of  his  administration  ; but  the  confidence  of  the  people 
increased  with  their  experience  of  his  integrity,  and  he  has  left  in  his  life  and 
history  the  admitted  standard  of  republican  faith  and  political  orthodox}^ 
Things  thus  go  on  smoothly  for  a time  ; but  again  comes  war — a war  for  th« 
rights  of  trade  and  the  honor  of  the  country.  And  where  do  you  find  the  tw© 
parties  that  had  thus  early  built  up  the  partition  wall  that  has  ever  divided 
our  country,  and  stiff  imprints  upon  the  pages  of  its  history  the  marks  and 
traces  of  party  violence.  The  Republican  Party,  true  to  their  lofty  sense 
-of  liberty,  array  themselves  in  the  cause  of  the  country,  vindicate  her  honor, 
and  the  rights  of  the  people — the  other  and  Federal  Party  betray  her  banner 
In  the  hour  of  need,  and  court  her  defeat  and  disgrace.  But  the  wrar  is  closed 
m recognition  of  the  cause  and  claims  of  our  G overnment.  In  the  mean  time 
a dense  population,  inferior  agricultural  resources,  and  the  interruptions  of  our 
trade  by  the  late  war  had  laid  the  foundation  of  American  Manufactories  in  a 
given  section  of  our  country — these  young,  and  as  yet  feeble  institutions,  pre- 
sent themselves  iinder  circumstances  constituiing  a forcible  appeal  to  the  lib- 
erality df  the  American  people.  Many  even  of  those  who  have  since  suffered 
so  much  from  the  protective  system  to  which  they  give  rise,  were  inclined  to 
regard  them  with  indulgence,  and  the  South  herself,  true  to  the  generous  im- 
pulse of  her  nature,  with  some  doubt  and  division  of  sentiment,  contributed  to 
a- slight  endowment  of  them,  and  voted  to  their  encouragement  a portion  of  an 
admitted  grat  uity.  They,  however,  assume  firmer  footing  and  take  on  stron- 
ger forms.  Friends  flock  in  to  sharewtheir  prosperity,  and  numbers  increase* 
until,  confident^  of  strength,  they  turn  upon  thole  who  had  boon  their  gener- 


11 


#us  benefactors,  unkindly  quote  concessions  of  charity  a*  precedents  of  right, 
■and  demand  as  of  justice  that  which  they  had  asked  and  accepted  as  of  bounty. 
Let  it  be  borne  in  mind  withal,  that  the  state  of  our  finances  at  the  close  of  die 
war  was  low  and  depressed ; and  increased  revenue  required  to  be  raised  to 
answer  the  exigency  of  a heavy  public  debt.  So  that  in  the  accomplishment 
of  a confessedly  constitutional  and  necessary  object,  incidental  protection 
could  be  afforded  the  infantile  manufacturing  establishments  which,  as  before 
remarked,  were  on  various  accounts  regarded  with  indulgence.  But  to  pro- 
ceed— call  after  call  is  made  for  protection,  as  it  is  termed,  and  as  repeatedly 
gratified  by  a compliant  and  actually  increasing  majority  in  Congress.  The 
South  complains.  The  manufacturer,  however,  true  to  his  trade,  still  hangs 
on  with  all  the  greediness  of  the  vampire  to  the  withering  veins  of  the  agricul- 
tural South.  The  mask  is  now  thrown  off,  and  in  the  language  of  Mr.  Jeffer- 
son, the  Federal  Legislature  “under  the  grant  given  to  regulate-  commerce, 
assumes  the  power  over  agriculture  and  manufactures  and  calls  it  regulation , 
too,  to  take  the  earnings  of  one  of  these  branches  of  industry,  and  that  the 
most  depressed,  and  put  it  into  the  pockets  of  another,  the  most  flourishing  of 
all.”  And  what  sir,  do  we  find  in  the  condition  of  the  country  calling  for  this 
enormous  and  extravagant  tour  of  taxation.  Are  its  energies  wiiberr  . be- 
neath the  blighting  influence  of  an  oppressive  public  burden  'l  Sir,  at  the  v*  - 
ry  time  that  the  duties  upon  the  various  articles  of  our  commerce  were  ar- 
ranged with  reference  to  actual  speculation,  and  upon  some  of  them  to  abso- 
lute prohibition,  we  presented  the  rare  and  extraordinary  spectacle  of  a heavy 
population,  extensive  trade,  and  vast  resources,  substantially  without  a public 
debt.  But  let  us  follow  up  the  proceeds  of  our  labor,  which  were  thus  perver- 
ted from  their  natural  and  most  profitable  channels  by  the  strong  arm  of  legis- 
lation, and  mark  their  application.  Were  they  directed  to  the  extinguish- 
ment of  our  common  debt  ] To  borrow  the  language  of  Me.  Jefferson  again, 
Sunder  the  power  to  establish  post  roads,  they  (the  Federal  Legislature)  claim 
also  the  power  of  cutting  down  mountains,  for  the  construction  of  roads,  of 
digging  canals,  and  aided  by  a little  sophistry  on  the  words ‘“genera!  welfare,” 
a right  to  do,  not  only  the  acts  (to  effect  that)  which  are  specifically  enumera- 
ted or  permitted  ; hut  whatsoever  they  shall  think  or  preteud  will  be  for  the 
general  welfare.  Concurrently  with,  and  of  kin  to  the  protective  system  then^ 
we  find  a partial,  expensive  and  splendid  scheme  of  Internal  Improvements  set 
on  foot,  which  served  ingeniously  to  drain  the  public  Treasury  of  the  continu- 
al accumulations  that  flowed  into  it  from  the  other.  B}^  their  conjoint  opera- 
tion,  one  portion  of  our  country  was  made  the  vassal  tributary  to  another,  and 
the  vaults  of  the  public  Treasury  were  but  the  great  thoroughfare  through 
which  the  produce  of  the  agricultural  States  was  forced  into  other  and  remote 
regions  of  our  confederacy.  Against  these  repeated  and  cumulative  acts'  of  in- 
vasion upon  the  rights  of  the  South,  and  the  most  obvious- principles  of  Natural 
iustice,  tiie  various  expedients  of  Legislative  Resolves,  Protests,  Free  Trade 
Conventions,  &c.  were  successively  tried,  and  successively  failed,  until  asr  r 
State,  exposed  to  an  oppressive  point  of  the  operation  of  the  obnoxious  policy, 
and  impelled  forward  by  a natural  ardor  of  temperament,  threw  down  the  gaunt- 
let of  defiance  against  the  further  enforcement  of  a protective  Tariff  within 
her  limits,  and  boldly  planted  the  barriers  of  State  interposition  upon  the  bor- 
ders of  her  territory. 

An  investigation  of  the  correctness  or  incorrectness  of  Carolina’s  entire 
construction  of  the  Resolutions  of  ’98  and  ’9.9;  the  propriety  or*im  propriety  of 
4y.*v  resort  ta  an  extreme  remedy  as  regulated  by  a proper  respect  for  the  views 

« - 


12 


Mother  States  having  a common  cause  with  herself — the  aspect  of  public  opin- 
ion throughout  the  confederacy — and  the  probability  or  improbability  of  a con- 
flict with  the  authorities  of  the  General  Government,  would  require  means., 
were  I otherwise  capable  of  doing  justice  to  so  grave  a subject,  not  now  at  my 
disposal — time  which  a proper  respect  for  the  rights  of  others  present  on  this  # 
occasion  will  not  permit  me  to  consume,  and  withal  much  more  of  strength 
than  I now  possess.  Instructive  and  interesting  too  as  might  be  the  enquiry., 
it  would  have  but  a remote  bearing  upon  the  immediate  objects  that  lie  before  us* 
We  propose  however  to  bestow  some  reflection  upon  the  extraordinary  pro- 
cedure of  our  Chief  Magistrate  and  a majority  of  the  federal  legislature  to- 
wards a sovereign  member  of  the  confederacy,  acting. in  her  highest  political 
capacity,  a primal  convention  of  her  people,  in  the  construction  of  a “ com- 
pact” to  which  “she  acceeded  as  a state,  and  as  an  integral  party  among 
the  parties  to  which  there  is  no  common  judge,”  and  in  the  construction  of 
which  therefore,  “ each  party  has  an  equal  right  to  judge  for  itself,  as  well  of 
infractions  as  of  the  mode  and  measure  of  redress.”  A member  of  our  con- 
federacy too,  who  together  with  the  whole  South,  had  by  the  offensive  mea- 
sure suffered  much  and  suffered  long,  of  whose  attachment  to  the  honour  of 
the  country,  to  say  the  least  of  it,  up  to  the  time  of  her  ordinance  nothing  dis- 
respectful could  be  said,  and  whose  determination  to  resist  the  aggression  had 
been  often,  repeatedly,  andrprosprctively  proclaimed.  And  as  tb$ founda- 
tion of  the  measure  adopted  to  effect  her  subjugation  to  the  Federal  Govern- 
ment, the  Executive  proclamation  of  the  10th  of  December,  1832,  uttered 
for  the  first  tintfe  from  the  lips  ot  him  who  had  been  the  hope  of  the  Democra- 
cy of  the  country,  the  strongest  and  most  unqualified  denunciations  of  the  doc- 
trines of  the  Republican  Part}7,  for  his  supposed  devotion  to  which  he  had 
been  by  that  very-party,  aided  into  the  highest  office  .within  the  gift  of  a free 
people.  In  that  truly  high-toned  Federal  paper,  the  President  is  pleased  to 
furnish  us  With  his  views  of  the  origin  and  nature  of  our  Government,  and  of 
the  relations  occupied  by  the  Federal  and  State  Governments,  the  one  to 
the  other — and  as  a matter  of  curious  as  well  as  instructive  enquiry,  we  shall 
proceed  to  compare  some  of  its  articles  with  the  Kentucky  and  Virginia  Reso- 
lutions, adopted  as  the  basis  p.f  our  faith,  and  also  with  the  principles  previous- 
ly*! vowed  by  himself.  To  proceed  then,  the  Kentucky  Resolutions  affirm 
“ that  the  several  States  composing  the  United  States  of  America  are  not  Uni- 
ted on  the  principle  of  unlimited  submission  to  their  General  Government, 
but  that  by  compact  under  the  style  and  title  of  a constitution  for  the  Uniied 
Srat.es,  and  of  amendments  thereto,  they  constitute  a General  Government  for 
special  purposes,  delegated  to  that  Government  certain  definite  powers,  pre- 
serving each  to  itself  the  residuary  mass  of  right  to  their  own  seif  government, 
am]  that  whensoever  the  General  Government  assumes  undelegated  powers, 
its  acfs  are  unauthoritative,  void  and  of  no  force— and  that  to  this  compact 
each  State  acceded  as  a State  and^is  an  integral  party  ; that  this  Government 
is  not  made  the  exclusive  or  filial  judge  of  the  extent  of  its  own  powers,  since 
that  would  make  its  discretion,  and  not  the  constitution,  the  measure  of  its 
powers;  but  that  as  in  all  other  cases  of  compact  among  parties  having  no 
common  judge,  each  party  has  an  equal  right  to  judge  for  itself,  as  well  of 
infractions  as  of  the  mode  and  measure  of  redress.”  The  Virginia  Resolu- 
tions are  to  this  effect,  “ That  this  assembly  doth  explicitly  and  peremptorily 
ly  declare,  that  it  views  the  powers  of  the  Federal  Government  as  resulting 
from  the  compact  to  which  the  States  are  parties,  as  limited  by  the  plain  sense 
&nd  intention  of  the  ihstrument  constituting  that  compact,  as  no  farther  yaji$ 


13 

{Tran  they  are  authorised  by  the  grants  enumerated  in  that  compact,  and  that' 
in  rase  of  a deliberate,  palpable  and  dangerous  exercise  of  other  powers  not 
granted  by  the  said  compact,  the  States,  who  are  parties,  have  the  right,  and 
ar%in  duty  bound  to  interpose  for  arresting  the  progress  ot  the  evil  and  of 
maintaining  within  their  respective  limits,  the  authorities,  rights  anc!  liberties 
appertaining  to  them.”  We  have  here  the  following  distinct  and  well  defined 
propositions,  viz  : that  the  constitution  of  the  United  States  is  a “ compact ,” 
that  it  is  a compact  among  the  several  States.  That  to  this  compact  each 
State  acceded  as  a State,  and  as  an  integral  party.  That  the  parties  to  this 
compact,  to  wit,  the  States,  have  no  common  judge — and  that  therefore  in  this 
case,  as  well  as  in  all  others  among  parties  having  no  common  judge,  each  par- 
ty, that  is,  each  State,  has  a ri  dit  to  judge  for  itself  as  well  of  infractions  as  of 
the  mode  and  measure  of  redress.  They  assert  in  other  vvords  the  separate- 
ness of  the  States,  as  political  communities,  their  severalty  as  parties  to  the 
constitution,  which  is  the  compact  of  their  union,  their  equality  under  that 
compact,  and  the  consequent  right  of  each  to  judge  for  itself  ot  the  nature 
and  extent  of  their  compact,  and  the  right  also  to  act  upon  such  judgment. 

Let  us  now  advert  to  the  sentiments  advanced  by  the  President  in  the  out- 
sc:  if  his  present  high  official  career,  aud  which  constituted  the  basis  of  his 
©nee  truly  great  and  acknowledged  popularity  with  the  State  Rights  man,  but 
which  he  has  lately  forfeited.  To  commence  then  with  his  Inaugural  Address;, 
delivered  at  the  time  of  his  instalment  into  office,  he  says,  “ in  such  measures 
as  I shall  be  called  upon  to  pursue  in  regard  to  the  rights  of  the  separate 
States,  I hope  to  be  animated  by  a proper  respect  for  these  sovereign  mem- 
bers of  our  Union,  taking  care  not  to  confound  the  powers  reserved  to  them- 
selves with  those  granted  to  the  confederacy.”  In  his  first-armual  message  he 
says,  “ the  task  devolves  on  me,  under  a provision  of  the  constitution,  tq  pre- 
sent to  you  as  the  Federal  Legislature  of  twenty-four  sovereign  States,  and 
twelve  millions  of  happy  people,  a view  of  our  affairs.”  And  again  in  the 
same  paper,  “ I cannot  therefore  too  strongly  or  too  earnestly  for  fny  own 
sense  of  its  importance,  warn  you  against  all  encroachments  upon  the  legiti- 
mate sphere  of  State  sovereignty — sustained  by  its  healthful  and  invigorating 
influence,  the  Federal  sj'stem  can  never  fall.”  In  his  second  annual  message 
he  proceeds:  The  successful  operation  of  the  Federal  system  can  only  be' 
preserved  by  confining  it  to  the  few  and  simple,  but  yet  important  objects  for 
which  it  was  designed — a different  practice,  if  allowed  to  progress,  would  ulti- 
mately change  the  character  of  this  Government,  by  consolidating  into  one,, 
the  Federal  and  State  Governments,  which  were  intended  to  be  kept  forever 
distinct.”  And  again  “ I shall  endeavor  to  avoid  a repetition  of  what  has  al- 
ready been  urged,  the  importance  of  sustaining  the  State  sovereignties , so  far  , 
as  is  consistent  with  the  rightful  action  of  the  Federal  Government,  and  of 
preserving  the  greatest  harmony  between  them.”  Again,  “ If  we  are 
prosperous  at  home  and  respected  abroad,  it  is  because  we  are  free,  united,  and 
obedient  to  the  laws — while  we  continue  so,  we  shall  by  the  blessing  of  heav- 
en, go  on  in  the  happy  career  we  have  begun,  and  which  has  brought  us  in  the 
short  period  of  our  political  existence,  from  a population  of  three,  to  thirteen 
millions ; from  thirteen  separate  Colonies  to  twenty-four  United  States.”  In 
his  message  containing  the  veto^n  the  Bank  of  the  United  States,  July,  1832, 
he  holds  the  following  language  : “ nor  is  our  Government  to  be  maintained, 
or  our  Union  preserved,  by  invasions  of  the  rights  and  power^  of  the  several 
States.  In  thus  attempting  to  make  pur  General  Government  strong,  we  may> 
flake  it  weak.  Its  strength  consists  in  leaving  individuals  and  States  as 


,^u2fch  as  possible  to  themselves,  in  making  itself  felt  not  in  its  power  but  in 
its  protection,  not  in  binding  the  States  more  closely  to  the  centre,  but  leaving 
them  to  move  unrestricted  in  their  orbit.  Experience  should  teach  us  wisdom. 
Most  of  the  difficulties  our  Government  no  w encounters,  and  most  of,  the 
dangers  that  now  impend  over  our  union,  have  sprung  from  an  abandonment 
of  the  legitimate  objects  of  Government  by  our  National  Government,”  &c. 
In  his  message  of  December  ’32,  and  only  a few  days  before'  the  date  of  his 
Proclamation,  lie  again  repeats,  among  other  things,  sentiments  so  often  and 
so  properly  expressed  before — “ we  should  constantly  bear  in  mind  the  fact, 
that  the  considerations  which  induced  the  framers  of  the  Constitution  to  with- 
hold from  the  General  Government  the  power  to  regulate  the  great  mass  of 
the  business  and  concerns  of  the  people,  have  been  fully  justified  by  experi- 
pnee.”  Again,  “limited  to  a general  superintending  power,  to  maintain 
peace  at  home  and  abroad,  and  to  prescribe  laws  on  a few  subjects  of  general 
interest,  not  calculated  to.  restrain  human  liberty,  but  to  enforce  human  rights, 
the  Government  will  find  its  strength  and  its  glory  in  the  faithful  discharge  of 
these  plain  and  simple  duties.  Relieved  by  its  protecting  shield  from  the  mar 
of  war  and  the  appehensions  of  oppression,  the  free  enterprise  of  our  citizens, 
aided  by  the  State  sovereignties , will  work  out  improvements  and  amelioi  d> 
lions  which  cannot  fail  to  demonstrate  tliEK  the  great  truth,  that  the  people  can 
govern  themselves,  is  not  only  realized  in  our  example,  bui  theft  it  is  done  by  a 
machinery  in  government #o  simple  and  so  economical  as  not  to  be  felt.” 

These  few  extracts  will  serve  to  illustrate  his  former  recondition  of 
the  doctrines  for  which  we  now  contend,  and  which  are  in  perfect  har- 
mony with  the  views  taken  of  our  Government,  Federal  and  State,  ^ T 
the  Kentucky  and  Virginia  Resolutions.  For  although  it  is  true  that 
the  President  had  no  occasion  to  express  his  opinions  of  the  rights  and 
powers  of  the  States,  as  they  refer  to  the  construction  of  the  compact  of  their 
Union,  or  in  other  words  the  constitution,  and  the  repulsion  of  all  violations  of 
the  constitution  that  might  be  attempted  by  the  Federal  Government,  yet  he 
has  placed  the  two  departments  of  our  Government,  the  State  and  Federal, 
upon  a basis  from  which  those  rights  and  powers,  as  contended  for  by  us,  ar®. 
necessary  and  inevitable  inferences.  Let  it  be  admitted,  as  he  himself  has  as- 
serted, that  the  States  are  “seperate” — that  these  “seperate  States”  are  “sov- 
ereign members  of  our  Union”— that  the  Federal  Legislature  is  the  Legislature 
of  “ 24  sovereign  States”— that  the  States  are  “State  sovereignties”— that  the 
F edcral  Government  is  a Government  formed  by  these  “sovereignties”  “lim- 

ited to  a few  plain  and  simple  objects” — I say,  Mr.  Chairman,  let  these  tilings 
be  admitted — and  withal  let  it  be  admitted  that  the  form  of  our  union  is  a, 
*‘Federal”  one — that  our  General  Government,  is  a “confederacy,”  and  a, 
confederacy  too  composed  of  “Twenty  four  sovereign  States,'’  (all  of  which* 
as  before  remarked,  has  been  asserted  by  him  in  so  many  words)  and  the 
right  of  judging  by  those  sovereigns  of  their  compact  of  union — the  terms  of 
their  confederacy — yes  sir,  and  of  acting  too  upon  that  judgment,  will  neces- 
sarily attach  as  incidental  to  and  in  fact  a part  of  their  sovereignty.  The 
seperate  existence  of  the  states,  their  sovereignty,  and  their  severalty  as  par- 
ties to  the  constitution,  which  forms  the  Federal  Government,  are  the  data 
upon  which  Mr.  Jefferson  and  Mr.  Madison  justified  the  conclusion  asserted  in 
the  Kentucky  and  Virginia  Resolutions,  viz.  that  each  party-had  an  equal  right 
to  judge  for  itself  as  well  of  irffractions  as  of  the  mode  and  measure  of  redress/* 
Tfip  President  would  seem  to  be  conscious  of  this,  from  the  care  with  which 
•&c  proceeds  in  his  Proclamation  to  deny  and  disavow  the  positions  formerly 


lairl  down  so  repeatedly  and  plainly  by  himself,  as  above  quoted. 

We  now  Jtefer  to  his  late  views  of  oar  Government,  to  enquire  whether 
not  he  lias  been  true  to  his  old  principles.  In  his  Proclamation  so  often  referred 
to,, in  Ids  zeal  to  suppress  the  opposition  of  a sister  State  to  a measure  of  which 
he  himself  had -advocated  a modification,  for  the  purpose  doubtless  of  setting 
the  error  of  her  conduct  in  a strong  light,  and  to  justify  the  course  adopted  to- 
wards her  expressly  under  his  dictation,  and  carried  out  in  the  Force  Bill,  he 
affirms  among  other  extravagant  and  anti-republican  propositions,  that  the 
States  of  which  the  confederacy  is  formed  had  never  had  a seperate  existence 
— for  that  “in  our  colonial  state,  although  dependent  on  another  power,  we 
early  considered  ourselves  as  connected  by  common  interest  with  each  other  ; 
leagues  were  formed  for  common  defence,  and  before  the  Declaration  of  In- 
dependence we  were  known  iu  our  aggregate  character  as  the  united  colonies' 
of  America.”  We  propose  now'  to  oppose  just  here  his  cwrn  words,  used  on 
another  occasion  only  a few  months  before.  “While  we  continue  so,  we  shall 
by  the  blessings' of  Heaven,  go  on  in  the  happy  career  we  have  begun  and  which 
Fas  brought  us  in  the  short  period  of  our  political  existence  from  a population 
©f  thr  ' fr  thirteen  seperate  colories  to  twenty  four 

United  States.”  Again  to  the  same  point  he  proceeds.  “We  declared  our- 
selves a nation  by  a joint,  not  by  |everal  acts.”  Mr.  Chairman,  we  never  de- 
clared ourselves  a nation,  by  any  act,  either  joint,  or  several.  We  declared 
ourselves  “free  and  independent  States”  This  declaration,  it  is  true,  wa$ 
made  By  all  the  States-' at  the  same  time, Tor  the  simple  reason  that  any  one,  or 
loss  than  the  whole  number,  would  have  been  too  weak  to  have  achieved  liber- 
tv.  Hence  an  association  of  them  all  was  formed  to  accomplish  the  indepen- 
dence of  each,  and  a declaration  to  that  effect  was  made. 

Again,  for  the  purpose  of  disproving  the  right  of  a state  to  secede  from  the 
Union,  after  having  demolished  the  right  of  interposition,  he  follows  up  the 
idea,  “th  tfunity  of  our  political  character  (as  has  been  shown  for  another  pur- 
pose) commenced  with  its  very  existence — under  the  Royal  Government  we 
had  no  seperate  character — cur  opposition  to  its  oppressions  began  as  united 
colonies.  In  none  of  these  stages  did  we  consider  ourselves  in  any  other  light 
than  as  forming  one  nation .”  Again,  “to  say  that  any  State  may  secede  at 
pleasure  from  the  union,  is  to  say  that  the  United  States  are  not  a nation , be- 
cause it  would  b a solecism  to  contend  that  any  part  of  a nation  might  dis- 
solve its  connection  with  the  other  parts.”  I stop  now  to  enquire  again  for  the 
“ thirteen  seperate  colonies ,”  “the  twenty  four  sovereign  States” — “the  sover- 
eign members  of  our  union” — “the  State  sovereignties,”  of  which  we  have 
heard  so  ranch,  and  to  which  he  seems  in  his  former  communications  to  have 
adverted  with  a studied  pride.  All  lost — submerged — and  swallowed  up  ic 
<4the  unity  of  a nation.”  Is  it  possible  that  the  President  cannot  distinguish 
between  the  Union  of  the  States  for  a few  simple  objects,  in  the  form  of  a con- 
federacy, and  the  conversion  of  all  the  people  of  all  the  States  into  one  people. 
“The  States  severally  have  not  retained  their  entire  sovereignty-”  And  yet 
wc  hear  him  speak  of  the  “twenty  four  sovereign  States,”  and  the  “state  sover- 
eignties,” without  reserve  or  qualification.  The  state  sovereignties  too  under 
the  compact  of  the  constitution  have  lost  the  allegiance ‘of  their  citizens. — - 
'‘The  allegiance  of  their  citizens  was  transferred  in  the  first  instance  to  the 
Government  of  the  United  States.”  It  strikes  me,*Mr.  Chairman,  as  a most 
remarkable  inversion  of  the  usual  order  of  things,  to  say  the  least  of  it,  that 
the  allegiance  of  the  citizens  offthe  sovereign  parties  to  the  compact  of  Union 
should  be  transferred  from  the  parties  themselves  and  vest  in  their  compact, — 


16 


The  members  of  thi's  confederacy  too,  with  all  the  boasted  sovereignty  which 
has  been  so  often  ascribed  to  them,  have  no  peculiar  Representation  in  Con- 
gress. “The  Representatives  of  the  Federal  Legislature,  when  chosen,  are 
not  the  representatives  of  the  particular  State  from  which  they  come,  nor  ac- 
countable to  it  for  any  act  done  in  the  performance  of  its  Legislative  functions.’* 
The  States  may  not  judge  of  the  compact  of  their  union,  nor  pronounce  upon 
the  violations  of  its  terms  that  may  be  committed.  If  the  acts  of  the  Federal 
Government  be  regulated  by  a proper  regard  for  the  limitations  imposed  upon 
it  by  the  Constitution,  they  are  valid — if  they  transcend  these  limitations  they 
are  equally  obligatory*  The  General  Government,  although  in  theory,  one 
of  limitations,  yet  being  itself  the  final  judge  of  the  extent  of  its  own  powers* 
and  the  States  having  no  power  to  check  or  restrain  its  action,  it  is  obvious 
that  for  all  practical  and  available  purposes  “its  discretion,  and  not  the  con- 
stitution, is  the  measure  of  its  powers.”  However  flagrant  then  may  be  the 
•assumptions  of  power  upon  the  part  of  the  Federal  Government — however 
open  and  obvious  may  be  its  intrusions  upon  the  legitimate  sphere  of  the  state 
Governments — should  the  Federal  Legislature  even  go  the  extravagant  length 
of  imposing  a direct  tax  upon  the  people  of  one  State  altogether  greater  and^ 
beyond  that  required  of  the  citizens  of  other  States,  or  set  free  every  slave  in 
our  plantations,  it  is  true  under  the  theory  o£  the  Government  avowed  in  the' 
Proclamation,  vve  should  have  no  effective  means  of  resistance,  no  competent 
remedy*  The  only  alternative  left  us  would  be  either  to  submit  to  the  out- 
rage, or  by  resistance  to  commit  treason  against*the  Government,  and- subject 
the  heads  of  our  citizens  to  the  block  of  the  executioner. 

In  short,  Mr.  Chairman,  the  States  of  this  confederacy  are  represented  in 
the  distressed  and  alarming  condition  of  being  neither  capable  of  protecting 
their  rights  and  powers  from  the  usurpations  of  the  General  Government,, 
while  in  the  union — nor  yet  able  to  extricate  themselves  from  its  iron  grasp, 
however  ruinous  it  may  prove.  The  most  unqualified  supremacy  of  the  Gen- 
eral oVer  the  State  Governments  is  thus  broadly  and  unqualifiedly  asserted  in 
the  Proclamation  and  maintained  in  the  Force  Bill,  which  is  its  bitter  but  ap- 
propriate fruit.  Mr.  Jefferson  was  of  a different  opinion.  I hold  in  my  hand 
a letter  written  by  him  to  Major  Cartwright,  precisely  in  point,  dated  June  5th 
1821,  shewing  that  he  saw  no  occasion  to  change  at  the  close  of  his  life  the 
opinions  he  had  always  expressed  and  upon  which  he  had  ever  acted.  lie 
proceeds  “with  respect  to  our  State  and  Federal  Governments.  I do  not 
think  their  relations  correctly  understood  by  foreigners.  They  generally  sup- 
pose the  former  subordinate,  to  the  latter.  But  this  is  not  the  case.  They 
are  co-ordinate  departments  of  one  simple  and  integral  one.”  Here,  then,, 
our  President  and  Mr.  J.  are  at  points.  The  former  maintains  the  subordina- 
tion of  the  State  Governments  to  . the  Federal.  The  latter  affirms  their  co- 
ord j nation.  And  here  Mr.  Jefferson  in  the  conclusion  of  his  letter,  adverts  to 
a difficulty  often  urged,  and  with  great  plausibility  too,  to  the  theory  of  the 
Government  advanced  by  him  in  tire  Kentucky  Resolutions. 

The  objection  is  often  urged,  that  if  each  State  acceded  to  the  compact  of 
the  Constitution  as  a state  and  as  ati  integral  party,  and  there  being  no  com- 
mon judge,  each  party  has  |in  equal  right  to  judge  as  well  of  infractions  as  of 
the  mode  ar*l  measure  of  redress,  how  are  the  differences  of  opinion  that  must' 
inevitably  occur  in  the -construction  of  the  constitution  to  be  reconciled  or  ac- 
commodated I How  are  conflicts  to  be  avoided  ? , Mr.  Jefferson  could  not 
Jbe  insensible  to  an  embarrassment  so  obvibus.#  '.IIe4'supposes  Mr.  Cartwright 
Co  raise  the  enquiry,  and  adopts  the  following  inode  of  answering  it.  “But  yo# 


17 


may  ask,  if  the  two  departments  should  claim  the  same  subject  of  powet*, 
where  is  the  common  umpire  to  decide  ultimately  between  them'?”  ( A Force 
Bill,  Mr.  Chairman  ?)  “In  cases  of  little  importance  or  urgency,  the  prudence 
of  both  parties  will  keep  them  aloof  from  the  questionable  .ground.  But  if  it 
can  neither  bo  avoided  nor  compromised,  a convention  of  the  States  must  be 
called r,  to  ascribe  the  doubtful  power  to  that  department  which  they  think  best.” 
Can  any  thing  be  plainer  ? 

And  yet  Mr.  Chairman,  the  President  tells  us  he  is  a State  Rights  man — 
and  the  advocates  of  the  Proclamation  and  Force  Bill,  tell  us  too  that  they 
are  State  Rights  men.  And  vvliat  isstill  more  remarkable,  almost  all  parties 
are  ambitious  of  being  Jeffersonian  Republicans.  Aud  sir,  it  is  for  the  advo- 
cacy of  such  principles  as  we  have  attempted  in  some  degree  on  this  occasion 
to  illustrate,  as  being  those  that  constitute  our  Faith — it  is  sir,  for  opposing 
the  Proclamation  which  contains,  directly  in  the  teeth  of  the  Kentucky  and 
Virginia  Resolutions  and  of  the  President’s  own  express  declarations  to  the 
contrary,  not  only  a flat  denial  of  the  sovereignty  of  the  States  and  of  every 
sensible  attribute  belonging  to  sovereignty,  but  even  their  separate  existence  as 
‘States — which  withdraws  from  the  General  Government  all  check  and  res- 
traint as  exercisable  by  the  States  over  its  usurpations,  however  apparent  and 
oppressive — and  which  we  regard  indeed  as  a plain  substitution  in  theory  of 
a national  system  of  Government,  without  limitation  of  powers,  for  our  sim- 
ple and  Federal  Republic — it  is  sir,  by  the  warfare  which  we  wage  against 
the  odious  measure  that  followed  in  its  train  ; a measure  that  obliterates  in 
practice  the  State  boundaries— “destroys  all  distinction  between  the  unau- 
thorized resistance  of  individuals  to  the  Federal  Government,  and  a motion 
by  a sovereign  State,  a party,  an  integral  party  to  the  compact  of  the  Consti- 
tution, acting  in  her  highest  political  capacity,  to  arrest  within  her  limits  the 
operation  of  an  act  of  that  Government  adjudged  by  her  to  be  violative  of  the 
terms  of  the  compact  creating  that  Government, — and  which  without  an  effort 
at  a compromise  or  peaceful  adjustment  of  the  controversy,  proceeds  to  put  in 
keeping  the  means  and  resources  of  the  country,  to  effect  the  subjugation  of  a 
sovereign  member  of  the  confederacy  to  a co-ordinate  department  of  the 
Government — it  is  sir,  I repeat  it,  for  these  things  and  for  the  advocacy  of 
the  rights  of  the  States,  the  cause  of  freedom  and  free  governments,  that  we 
are  decried  by  some  as  disturbers  of  the  good  order  of  society,  and  by  others 
openly  denounced  as  Traitors.  But,  Mr.  Chairman  what  of  all  this  1 Have 
not  the  advocates  of  Liberty  in  every  country  and  in  every  clime  been  politi- 
cal agitators  ? Whosoever  sir,  presumes  to  draw  aside  the  curtain  that  covers 
the  false  claims  of  the  ambitious  will  intrude. 

Animated  then  by  a sense  of  the  correctness  of  the  principles  for  which  we 
contend,  and  moved  forward  by  a sincere  desire  to  illustrate  truth  and  to  pro- 
mote the  great  cause  of  Liberty  and  liberal  principles,  we  shall  have  ample 
remuneration  for  the  censure  we  may  incur,  in  the  consciousness  of  the  purity 
of  our  motives  and  of  having  done  our  duty.  Can  the  unmeaning  and  false 
cry  of  disaffection  to  our  Union,  .and  of  designs  against  its  continuance,  so  of- 
ten .heard  from  those  who  are  ignorant  of  the  principles  we  profess,  deter  us 
from  the  exalted  purposes  of  patriotism  that  lie  before  us?  Upon  the  terms 
of  its  original  formation  and  as  a means  of  preserving  liberty  at  home  and  giv- 
ing us  respectability  abroad,  who’  would  not  be  a Union  man  ? And  yet,  sir, 
in  view  of  the  doctrines  we  espqu-e  and  the.  cause  we  advocate,  who' would 
not  be  a State  Ri  hts  man  ? With  m*  inorjve,  no  manciples  and'no*  puvpnsog 
ft)  conceal,  we  stop  forth  in  the  open  eye  of  day  and  call  upon  ^enquiry  and  il- 


18 


lustration  to  throw  their  lights  upon  the  path  of  the  political  traveller,  and  in* 
voke  the  broad  blaze  of  the  sun  to  burn  upon  the  face  of  truth.  We.  propose 
then,  to  appeal  by  investigation  and  discussion,  to  the  intelligence  of  the 
community,  and  to  substitute  for  a blind  devotion  to  men,  without  a knowl- 
edge of  or  a reference  to  just. principles.,  a contention  for  constitutional  Lib- 
erty. 


The  following  persons  were  then  chosen  Officers  of  the  Association,  viz : 

JOiL\  J.  HARPER,  Esq.  President, 

Maj.  HARDY  CRAWFORD,  1st  Vice  President, 

C l.  WM.  C.  OSBORN,  2d  “ 

Maj.  JOHN  W.  COOPER,  3d  “ 

Mu.  M.  ROBERTSON,  Recording  Secretary. 

JAMES  M.  ALEXANDER,  Esq.  Cor.  Secr’y. 

Doct.  JASON  J.  THOMPSON,  Treasurer. 


The  President  then  appointed  the  following  persons  to  compose  a 

Corresponding  Committee : 

Doct.  John  Hubbard  Osborn  Crook,  Esq.  Col.  Ben.  Henry 
Duct.  James  Cato  Maj.  James  Huff  Col.  John  White 
Col.  Thus.  Mahone  M.  J.  Welborn,  Esq.  Maj.  Robert  Hill 


